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The new tool investment bankers are suggesting to financially distressed corporate clients

As investment bankers realize how funding serves to leverage affirmative legal claims, which are commonly overlooked assets, they are seeking opportunities to connect their distressed clients with opportunities to transform claims into vehicles for immediate income and substantial future recoveries. Such opportunities can be impactful for distressed clients because they help to improve a company’s cash position and profitability.

Dispute funding and the energy sector

Disputes that arise in the energy sector are invariably complex, high value and often cross-border in nature. Common examples include disagreements about the construction or operations of oil and gas extraction projects, power production projects, commodity contract disputes and joint venture disputes. These types of commercial disputes are increasingly referred to international arbitration.

Cost budgeting: controlling the costs of litigation

One of the most significant challenges for in-house legal teams is resource and budget limitations. Costs budgeting by both sides in litigation has the potential to enable the Courts, as well as the parties, to better manage and control the costs of the litigation and to avoid the risk of costs becoming disproportionate to the claim size.

How funding can optimize the outcome of your company’s litigation

Litigation finance provides litigants and lawyers access to capital to pursue meritorious litigation where there is a substantial chance of a positive outcome. In exchange, the funder receives a return, usually via a multiple of its investment or a percentage of the recovery. Financing is non-recourse, which means that the funder receives a return on its investment only in the event the litigation is successful .

Winning the beauty contest: an experienced funder can help law firms win client confidence

Litigation finance can serve as a powerful tool for law firms seeking to attract new clients or win plaintiff-side work from existing clients. Incorporating funding as an option in pitches submitted to secure work affords significant advantage to law firms. Among other benefits, funding helps clients reduce litigation risk, afford their top-choice law firm and improve their balance sheet.

IMF Bentham’s CEO Andrew Saker responds to ALRC reform recommendations

As Australia’s pioneer of commercial litigation funding and leading funder, IMF Bentham has a particular insight into the current system. Class actions are particularly complex and costly. Each action involves different circumstances, considerations and issues. We think that some of the ALRC’s recommendations will benefit class members and improve the existing class action regime.